A will is meant to be a voluntary and unilateral document which expresses the wishes of the Testator.
The will usually contains three things:
- The bequeathed assets;
- The extent of interest bequeathed in the assets; and
- The identity of the beneficiaries who would inherit such assets.
No will is valid however, unless it contains the following:
- The will MUST be signed by the Testator or by a person in the Testator’s presence and by his direction;
- If there is more than one page of the will, each page must be signed at the end by the Testator;
- The signature must be done in the presence of two or more competent witnesses present at the same time of each other and the Testator;
- If the Testator cannot sign the will and can only leave a mark it must be in the presence of a commissioner of oaths who certifies that he is satisfied to the identity of the Testator and that the will is that of the Testators and the commissioner must sign each page.